Judge orders a paternity test to be done. In the paperwork it says that the potential father, who is responsible for paying for the test, has already already paid for it. But when you arrive to the county prosicuters office to have the test done you over hear the potential father telling the secretary, whom he knows, that he doesn't have the money to pay for it. And states that he can't touch his savings account (which we think is non exsistant), and that he is going to have to see if he can get it from his brother. But, the sec. says that she will hold of mailing out the test till the end of the day in order for him to pay for it.
Would you consider this perjury, seeing as you already told the judge that you paid for it in the form of a money order?
2007-11-27 06:29:37 · 6 answers · asked by Justin R 4 in Politics & Government ➔ Law & Ethics
By definition, perjury is lying in open court. So under the circumstances you described, this would not be considered perjury. That being said, however, the judge is not going to be happy to find out that the paternity test was not done. Sounds like the potential father is feeding the court a line of B.S., but the bottom line is the judge ordered the paternity test and the potential father has to do the test or he can be found in contempt of court, in which case the judge can swear out a warrant for his arrest.
2007-11-27 06:40:21 · answer #1 · answered by Anonymous · 1⤊ 0⤋
He has to say to the judge under oath that he did not pay for the test, where evidence already exists that claims he did pay for it. Just knowing that what he submitted to the judge is false is not enough to uphold a charge of perjury or contempt, and in fact in this case you suspect it is false; you heard a conversation that it was, that's just hearsay without evidence.
2007-11-27 14:36:38 · answer #2 · answered by Pfo 7 · 0⤊ 0⤋
Hmmm. Maybe if it was under oath and subtantive to the case... but relevant? Probably not. As long as it gets paid and nobody complains all is well right? Or do you just want to get this guy for anything you can? If you brought it up, the judge probably wouldn't care too much if it is paid by the time you tell on him.
2007-11-27 14:39:18 · answer #3 · answered by Eisbär 7 · 0⤊ 0⤋
Nope. He wasn't sworn at the time. He may have lied to the judge under oath, but not to the secy.
2007-11-27 14:34:19 · answer #4 · answered by scottclear 6 · 1⤊ 0⤋
if he gets it done later on that day, no harm no foul. the order was for the test to be done and as long as he gets it done that same day, i think it is ok.
2007-11-27 14:46:41 · answer #5 · answered by Special K 4 · 0⤊ 0⤋
It would depend on EXACTLY what the paperwork said. You REALLY need to ask this question to your lawyer.
2007-11-27 14:34:53 · answer #6 · answered by davidmi711 7 · 1⤊ 0⤋